Solicitor Labor
U.S. Department Labor
Washington, D.C. 2021
July 2013
VIA OVERNIGHT UNITED PARCEL POST
Lisette Garcia, .D. Judicial Watch 425 Third St., W., Ste. 800 Washington D.C. 20024
Re: FOIA REQUEST NO. 716464 Request for U.S. Department Labor records regarding funding for Casa Maryland and visit Casa Maryland made fo1mer Secretary Labor Solis May 2012.
Dear Ms. Garcia: you are aware, June 11, 2013, the U.S. Department Labor ("DOL") provided you with partial consolidated response your request dated June 2012, made pursuant the Freedom Information Act ("FOIA"), U.S.C. 552, releasing full 623 pages responsive records. This July 2013 letter another partial response your FOIA request, and addresses all the issues left outstanding the June 11, 2013 letter. the June 11, 2013, letter DOL indicated that pages OSHA documents were redacted part full because they contain information identified meeting the threshold requirements DOL regulations found C.F.R. 70.26, and the provisions Executive Order 12600, entitled Prcdisclosure notification procedures for Confidential Commercial Information ("submitter notification process"). Upon careful recounting the documents, DOL has determined that total pages were withheld part full, not 54. clear, the pages were only redacted part -this means that only small number words numbers those pages were redacted and the rest the information the pages was released full; the pages were redacted full -this means that all the information appearing those pages was redacted.
DOL has now completed the submitter notification process and has made final determination that the pages documents redacted part and the pages documents withheld full, described above, contain confidential commercial information that must protected pursuant FOIA exemption
FOIA exemption protects "trade secrets and commercial financial info1mation obtained from person [that is] privileged confidential." U.S.C. 552(b)(4). The terms "commercial financial" should not narrowly construed include proprietary information only. Rather, they should given their ordinary meaning.
Public Citizen Health Research
Food and 704 F.2d 1280, 1290 (D.C. Cir. 1982). The following test used determine whether commercial information confidential:
[C]ornmercial financial matter 'confidential' for purposes the exemption disclosure the information likely have either the following effects: (1) impair the Government's ability obtain necessary info1mation the future; (2) cause substantial harm the competitive position the person from whom the information was obtained.
National Parks Conservation Association Morton, 498 F.2d 765, 770 (D.C. Cir. 1974). Non
profit organizations, such Casa Maryland, may submit confidential commercial information the government that released could hann the non-profit's competitive position vis-a-vis other non-profit organizations that compete for the same grant funding. This type infom1ation submitted non-profit organizations may properly withheld pursuant FOIA exemption
documents withlleld full consist detailed budget and technological information that released would impair the ability DOL obtain similar infoi:mation from grantees the future and would cause competitive harm Casa Maryland. Accordingly, DOL has determined that this information should withheld pursuant FOIA exemption
Tuning back DOL's June 11, 2013, letter, DOL redacted full pages resumes pursuant FOIA exemption (protecting personnel information the disclosure which would constitute clearly unwarranted invasion personal privacy). Upon further consideration, DOL has determined that these resumes may released you with some minor redactions. The bodies the reswnes are now being released full, while personal contact information such mailing addresses, phone numbers, and e-mail addresses remain redacted. order avoid confusion, DOL has provided you with new DVD that contains all the OSHA documents responsive your FOIA request (enclosed). The labels the pages documents redacted part and the pages documents withheld full pursuant FOIA exemption have been updated and now read "Exemption instead "submitter notice process." The pages resumes previously withheld full are now only redacted part
described above. you know, you have right file administrative appeal this decision. However, you
have already filed suit this case the United States District Court for the District
Columbia, reciting your appeal rights this point not necessary.
Very truly yours,
Pou>
Counsel
Division ofManagement and Administrative Legal Services
cc: Judith Kid well (vie e-mail: judith.a.kidwell@usdoj gov) Paul Orfancdes (via overnight mail)
Enclosures -CDs(l)